Family settlement of ancestral property

Amit (Querist) 29 June 2022 This query is : Resolved
Two co-owners have a family settlement of ancestral property 50-50 share in India

Since they are in different countries is a scanned pdf with individual signatures valid in India ?

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Settling ancestral property in India with co-owners living abroad requires a formal partition deed, as scanned documents are not valid for registration. The co-owner overseas can grant a Power of Attorney to a trusted individual in India to execute the partition deed on their behalf. This Power of Attorney must be signed at an Indian Embassy, then registered as an Adjudication Deed before the partition deed can be finalised, involving stamp duty and registration charges.

kavksatyanarayana (Expert) 29 June 2022
No. Scanned pdf is not allowed for registration. As there are two co-owners of the property, they may divide it into equal shares and execute a partition deed. The owner who is abroad shall give a power of attorney to his well-wisher to execute the partition on his behalf.

SHIRISH PAWAR, 7738990900 (Expert) 30 June 2022
Hello,

Yes, co owner can execute the power of attorney for executing partitioned deed.
Partition deed has to be registered with sub registrar by paying stamp duty and registration charges.

Dr R SHANMUGA SUNDARAMM (Expert) 30 June 2022
First you have to the get the Power of Attorney Singed in the Indian Embassy Officers, then the Power of Attorney have the register the same as Adjudication Deed, then you can execute the Partition deed or can do the Release deed, Kindly ensure you have to Complete the process in 30 days, else you have to get the Life Certificate.

P. Venu

(Expert) 30 June 2022
"Two co-owners have a family settlement of ancestral property 50-50 share in India". Facts posted are inchoate.

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